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HomeMy WebLinkAbout05 - Approval of Traffic Signal Maintenance and Repair Services AgreementQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report May 23, 2023 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, City Traffic Engineer, bsommers@newportbeachca.gov PHONE: 949-644-3326 TITLE: Approval of Traffic Signal Maintenance and Repair Services Agreement with Yunex Traffic ABSTRACT: The Public Works Department administers a traffic signal maintenance agreement to maintain and repair the City of Newport Beach's (City) traffic signal equipment. The current agreement with Yunex Traffic expires on June 30, 2023. Through the Request for Proposals (RFP) process, proposals were requested, received and reviewed. Staff recommends award of an agreement to Yunex Traffic based on its qualifications and work history. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Maintenance and Repair Agreement with Yunex Traffic for maintenance and repair of the City's traffic signal system for a not -to -exceed fee of $500,000 per year and a total not -to -exceed amount of $2,500,000. The initial term of the Agreement shall be for one year with the option to extend the agreement for an additional four years, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: To facilitate safe and efficient transportation throughout the city, the Public Works Department prioritizes operation of the City's modern traffic signal system. To limit outages and increase the reliability of the system, staff retains a contract maintenance company that specializes in traffic signal construction, operation and maintenance. This company is tasked with routine maintenance, inspections, repairs and emergency response for traffic signal malfunctions and outages. 5-1 Approval of Traffic Signal Maintenance and Repair Services Agreement May 23, 2023 Page 2 As part of the agreement, work to maintain and repair traffic signals is broken down into three categories. Each category, including work tasks, is detailed in the attached RFP Scope of Work. The categories are: • Routine Maintenance — Routine maintenance includes tasks intended to prevent or reduce incidents of malfunctions and extend the useful life of traffic signal equipment. These tasks have a fixed schedule of one, three, six or 12 months. • Extraordinary Work — Extraordinary work consists of tasks beyond routine maintenance that are randomly occurring. Generally, these tasks have predefined costs included in the attached scope and are completed on an "as needed" basis. Common extraordinary tasks include replacing "burned -out" vehicle indications, fixing malfunctioning pedestrian buttons, and locating and marking underground utilities for construction work. • Emergency Response/Repairs — A key task for the contractor is to quickly respond to traffic signal outages, including those caused by a traffic collision. For this reason, the contractor maintains a 24-hour call center to ensure a quick response and to limit the impact of the incident on the public. Anticipating the end of the current agreement on June 30, 2023, staff completed the RFP process to find the most qualified contractor to enter into a new agreement beginning July 1, 2023. The RFP process used for the selection is detailed below: • On March 21, 2023 the City released a Request for Proposals for maintenance, repair and emergency response services for the City's 122 traffic signals, flashing pedestrian beacons, enhanced crosswalks and radar speed -feedback signs; • Proposals were received from three firms on Friday, April 7, 2023; • Proposals were evaluated and ranked by a three -person technical panel based on the firm's project understanding, capability, experience, expertise, listed project experience and ability to provide quick response and appropriate resources. The scoring for the proposals is as follows: RANKING CONTRACTOR TOTAL SCORE (Out of 100) 1 Yunex Traffic 95 2 Bear Electrical Solutions 86 3 Crosstown Electrical & Data, Inc. 82 After ranking the firms based on qualifications, staff reviewed the proposed fees from the highest scoring firm (Yunex Traffic) and negotiated to reduce the price of a few maintenance items. 5-2 Approval of Traffic Signal Maintenance and Repair Services Agreement May 23, 2023 Page 3 In addition to being the high -scoring firm, Yunex Traffic continues to provide high-level maintenance and repair work within the current agreement. Therefore, staff recommends approval of an agreement with Yunex Traffic to perform traffic signal maintenance and repairs beginning July 1, 2023. To ensure the agreement's obligations and a high level of service, the City and the contractor will review the contractor's performance annually. Upon successful completion of the annual review, the contract may be renewed for an additional year for a maximum term of five years. FISCAL IMPACT: The adopted budget includes sufficient funding for this contract. It will be expensed to the Traffic Signal Equipment Maintenance and Repair Account (0108012-851010) and Traffic Signal Equipment Damage Repair Account (0108012-851014) in the Public Works Department. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A— Traffic Signal Maintenance and Repair Agreement with Scope of Services and Fee Proposal 5-3 ATTACHMENT A MAINTENANCE/REPAIR SERVICES AGREEMENT WITH YUNEX LLC FOR TRAFFIC SIGNAL MAINTENANCE SERVICES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and YUNEX LLC, a Delaware Limited Liability Company ("Contractor"), whose address on file with the Secretary of State is 9225 Bees Caves Road, Austin, TX 78733, with a local address of 2250 Business Way, Riverside, CA 92501, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform maintenance and/or repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows- 1 . TERM The term of this Agreement shall commence on July 1, 2023 ("Effective Date"), and shall terminate on June 30, 2024 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the City's option to automatically renew the Agreement for four (4) additional one (1) year terms (each a "Renewal Term"), unless terminated earlier as set forth herein. In any event, the term of the Agreement, including the Original Term and any Renewal Terms shall not extend beyond June 30, 2028 without a written amendment to this Agreement. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is 5-4 experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00) for the Original Term and for each Renewal Term (each twelve (12) month period from July 1 through June 30, commencing with the Effective Date), for a total not to exceed amount of Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000.00), without prior written amendment to the Agreement. Yunex LLC Page 2 5-5 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles - Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Michael J. Hutchens to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Yunex LLC Page 3 5.6 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. Yunex LLC Page 4 5.7 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its .principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. Yunex LLC Page 5 5.8 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Yunex LLC Page 6 5.9 15. BONDING 15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Yunex LLC Page 7 5-10 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 21. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or Yunex LLC Page 8 5-11 copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive Yunex LLC Page 9 5-12 PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Michael J. Hutchens Yunex LLC 2250 Business Way Riverside, CA 92501 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the Yunex LLC Page 10 5-13 event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Yunex LLC Page 11 5-14 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Yunex LLC Page 12 5-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aa n C. rp �3 ity Attorney/ D�a- ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Noah Blom Mayor CONTRACTOR: YUNEX LLC, a Delaware Limited Liability Company Date: By: Rodney Mathis Member Date: By: Dirk Rauber Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Yunex LLC Page 13 5-16 EXHIBIT A SCOPE OF SERVICES Yunex LLC Page A-1 5-17 CITY OF NEWPORT BEACH TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK THIS SCOPE defines the terms of a one (1) year Agreement, with the option to extend up to four (4) one (1) year terms for maintenance of traffic signals, electrical or mechanical traffic control or traffic devices, as defined herein, in the City of Newport Beach, herein after referred to as "City." On an annual basis, both parties will review the language of this scope of work. Any changes to this Scope and the accompanying Agreement shall be approved by the City and Yunex LLC, herein referred to as "Contractor" in writing. The date of annual review will be one year from the Effective Date of the Agreement. A decision to extend will be made at that time. Contractor shall provide the following services: SECTION I: GENERAL A. QUALIFICATIONS Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal facilities in a good and professional workmanlike manner. All signal work shall be performed in accordance with the latest editions of the State of California, Department of Transportation Standard Plans and Section 86 of the Standard Specifications, "Greenbook" Standard Specifications for Public Works Construction, International Municipal Signal Association (IMSA), and the current City of Newport Beach Standard Plans and Traffic Signal Specification Supplemental. Contractor shall provide to City at least one full-time Transportation Systems Electrician equipped with a service bucket truck. This representative shall be certified as a Level III Traffic Signal Technician by IMSA, and certified by the State of California, Labor Code Sections 3099 and 3099.2. All Contractor personnel must be IMSA Workzone Safety certified and must utilize Page I cif '27 5-18 OSHA approved safety vests and safety equipment during the performance of the work within the City Right -of -Way. Contractor shall provide, upon execution of the agreement, certifications for all Transportation Systems Technicians that will be, or may be, assigned to work within the City of Newport Beach. Contractor shall have on hand, at all times, the minimum specified spare controllers with the most recent software update as listed below for as -needed replacements. • Econolite Cobalt NEMA controller, and • Econolite ASC /3-2100 NEMA controllers Contractor shall have available adequate skilled personnel that includes being trained and certified with Econolite controllers and software, and proper lab testing facilities to perform inspection of new and existing controller assemblies including controller units, auxiliary equipment, and traffic control appurtenances. Contractor shall retain a local telephone number where they can be reached twenty-four (24) hours for items deemed necessary by the City for immediate response and repair. This telephone number shall be made available to all persons designated by City. Contractor shall provide services to the City, Monday through Friday, 7:30 AM — 5:00 PM under regular time pay rate. All work outside the specified hours and on Federal holidays shall be paid according to State of California labor laws and consistent with the rates established by Contractor according to the Agreement with City. B. RESPONSE At Contractor's expense, Contractor shall utilize and maintain mobile communications between City and Contractor. Contractor shall respond immediately to emergency calls when directed by City, and dispatch qualified personnel and equipment with a service bucket truck to reach the site within thirty (30) minutes. In all other circumstances, Contractor shall respond within sixty (60) minutes, unless otherwise allowed by City. Replacement of burned -out vehicle indications, if there are at least two (2) indications still operative for each direction of travel, and internally illuminated street name sign lamp need not be on an emergency basis. Such replacement shall be handled as soon as possible in a routine manner within a 48-hour period. Page 2 of'27 5-19 Contractor's qualified personnel and service bucket truck shall be equipped with proper tools and materials to respond to the call prior to being dispatched as to not require an additional trip and delay repair. C. RECORDS 1. Each Intersection: At each intersection, Contractor shall maintain a permanent record of service information detailing monthly maintenance and repairs of controller and related equipment, and intersection equipment including, but not limited to, vehicle and pedestrian timing, detectors, cabinet wiring, interconnect equipment, pre-emptive control, and other control and communication equipment. Records shall be written in English and legible. 2. Office Records: Contractor shall maintain a complete record of all laboratory repairs to controllers showing all parts or components repaired or replaced including serial numbers and item description. Each service bucket truck in the field shall keep a daily record covering time chargeable to this contract in each twenty-four (24) hour period. This record shall include the time of day work was performed at each intersection, description of work performed and the name of the technician that performed the work. 3. Activities Report: A monthly activities report shall be included with all monthly invoices to City by the fifteenth of each month. The report shall include a complete record of all work performed on City's traffic signal equipment during the previous month. The report shall include: • Location of each separate service • Date and approximate time for the service • Reason for the service • Identification of the type of service (routine, extraordinary and/or emergency) • Status of repair (complete or temporary) ■ Estimated date of final repairs • Source of the request for service • Name of the technician(s) performing the service • Number of hours spent for each service Page 3 of 27 5-20 With each monthly invoice, Contractor shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified, including, but not limited to, pending and/or approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment. The report shall include: • Location of pending work • Date of authorization • Reason the work is incomplete • Estimated date when the service will be completed At City's discretion, City may request a meeting to review the activities of Contractor. D. NEW INSTALLATIONS Contractor shall maintain any additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of City at the contract bid price. In the event that notification is made of a new installation other than at the beginning of a monthly period, the unit cost will be prorated from the day Contractor is notified. City shall notify Contractor in writing of the new device(s) to be maintained at the time they are accepted by City and ready for maintenance. E. TRAFFIC SIGNAL CONTROL EQUIPMENT Contractor shall repair, replace, or otherwise render in good working order any and all defective parts of the traffic signal control equipment with like make and model parts as the need arises except as agreed upon by City. Whenever equipment is replaced or removed from the controller cabinet, City shall be notified by phone within 24 hours or the next working day. Non -essential, non -safety related equipment shall be replaced within 14 calendar days after notifying City. Contractor agrees to notify City, a minimum of one (1) week in advance of any planned signal turn-off or turn -on. At City's discretion, Dynamic Message Sign (DMS) may be placed in advance of planned outage and planned signal work may be scheduled for evening hours. A Police officer's presence may be required prior to said turn-off or turn -on. Page 4 gl'27 5-21 F. WARRANTY SERVICE During the period of warranty for new equipment installations, Contractor shall coordinate between the manufacturer, installing contractor and City regarding any warranty service. Contractor shall notify City of any delays in response by the manufacturer or installing contractor and details of each incident. G. TRAFFIC CONTROL Contractor shall provide and maintain traffic control in conformance with the latest edition of the California Manual on Uniform Traffic Control Devices (CA-MUTCD). All warning lights, signs, flares, barricades, delineators, flashing arrow boards, detours and other devices and facilities for the direction of public traffic shall be furnished and maintained by Contractor. A minimum of one 10-foot wide travel lane in each direction shall remain open on Local and Secondary roadways unless otherwise approved by City. On Arterial roadways, a minimum of two travel lanes in each direction shall remain open unless otherwise approved by City. All existing left -turn pockets shall be maintained whenever feasible. For non -Emergency work, lane closures on arterial roadways shall be limited to 9:00 a.m. to 3:00 p.m. When authorized by City, during an emergency response, or when determined necessary to safeguard the traveling public, arterial lane closures may occur outside of 9:00 a.m. to 3:00 p.m. Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. Flashing arrow boards shall be in place before implementing lane closure(s). When maintenance is complete, all traffic control signs, barricades, delineators, etc., shall be immediately removed from the site. H. EMERGENCY RESPONSE Pale 5 gf'27 5-22 For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply: 1. Contractor shall notify City and Police Dispatch and dispatch qualified personnel and equipment to reach the site within thirty (30) minutes. Contractor's vehicles shall carry necessary traffic control devices, which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, City or Newport Beach Police Department. Contractor shall conform to the CA-MUTCD as dictated in the Section G (TRAFFIC CONTROL) of this Scope. 2. Upon arrival, Contractor shall set up temporary STOP and STOP AHEAD signs. If deemed necessary, Contractor shall set up more traffic warning and control devices, and then proceed to repair the signal. After the signal is back in operation, Contractor shall remove all temporary traffic control devices from the site. If the traffic control devices are owned by City, Contractor shall stack them at the side of the road when no longer necessary. 3. If a Police Officer is at the site when Contractor arrives, Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the Police Officer. At the Police Officer's discretion, the officer may stay to continue to direct traffic while the Contractor repairs the signal. At the request of the officer, or if the officer must leave the site, Contractor shall immediately set up STOP and STOP AHEAD signs along with all other necessary warning devices. SECTION II: ROUTINE MAINTENANCE Contractor shall provide a program of continuing comprehensive Routine Maintenance designed to prevent or reduce the incidence of malfunctions, promote the safety of the motoring public, reduce traffic congestion, and extend the useful life of the equipment. All work listed below shall be included in the bid per each intersection for Routine Maintenance. Any item that shall be repaired or replaced, above what is specified, may be considered Extraordinary Maintenance as specified in Section III (Extraordinary Maintenance). Page 6 of 27 5-23 In carrying out the task described as Routine Maintenance, Contractor shall promptly notify City of any conditions of the traffic signal equipment that present a hazard to the public, or affect the signal timing or coordination. In addition to maintenance items listed below as routine, Contractor shall make the following minor repairs if discovered during the Routine Maintenance: • Replace malfunctioning pedestrian/bicycle push button; • Replace missing pedestrian/bicycle push button plate; • Replace missing pole access covers; • Attend to exposed wiring; • Replace malfunctioning pedestrian indication; • Adjust controller timing when inconsistent with timing plan or special timing plan: and • Replace malfunctioning vehicle indication. Spare parts needed to make repairs listed above shall be on maintenance vehicles used for Routine Maintenance. Replaced materials shall be billed at prices detailed in the Contract Unit Price Schedule attached to this Scope of Work. Time and equipment usage for these repairs shall be considered part of the Routine Maintenance. The program shall include, but not be limited to, the following: A. MONTHLY MAINTENANCE A monthly inspection of each signalized intersection listed in Attachment A of this scope at which time the following tasks will be completed: l . Clean the inside and outside of all controller cabinet assemblies, electrical service, battery backup cabinets, and interconnect cabinets. removing any foreign material including graffiti and stickers. Tighten all electrical connections and check all Fiber Optic and Ethernet connections. Inspect/protect all related facilities for/from ant, bug, or rodent infiltration. Rust and water damage shall be reported to the City in the monthly report. Page i gl'27 5-24 Inspect cabinet air filter and replace as necessary (the cabinet filter shall be replaced at least every six months); 2. Check timing of individual signal phases and integral timing circuits for the correct operations per the timing sheet; 3. Check timing of Yellow (clearance) and All Red intervals on all phases by stopwatch per the timing sheet; 4. Check timing of Pedestrian Walk and Flashing Don't Walk intervals on all phases by stopwatch per the timing sheet; 5. Check and set, if necessary, the controller's digital time clock to National Bureau of Standards time; 6. Check detector units and systems including but not limited to inductive loops, video cameras, radar detection, and pedestrian/bicycle push buttons for correct detection of both vehicles, bicycles and pedestrians and adjust or report as necessary to restore intended operation. This includes the splicing (or re -splicing) of detector loop cables in the pull box and the replacement of pedestrian/bicycle buttons as needed; 7. Visually inspect the signal malfunction management unit or conflict monitor for correct operation; 8. Visually inspect relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed; 9. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic head and pedestrian heads found to be out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to City immediately. Missing signs, including pedestrian and bicycle push button plates shall be replaced. Cracked or damaged loop sealants shall be re -sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired; Page 8 of 27 5-25 10. Check all traffic signal controller communication equipment for proper operation, verify correct controller IP addresses and adjust or repair as needed. Replacement of Ethernet switches and VDSL units shall be coordinated with the City and subject to its approval. Contractor shall verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Contractor shall test and make any repairs or adjustments. Contractor shall notify City of any needed repairs to the fiber optic splices which shall be extra work. City reserves the right to contract this work out to others. Contractor may be required to provide assistance to City or other firms selected by City to trouble -shoot Fiber Optic and Ethernet connections as requested; 11. Inspect Battery Backup Systems, if equipped, battery post corrosion, correct battery voltage, loose terminals, tripped "tattle tails", and record the number of events, hours and voltage from the battery backup inverter on the cabinet log; 12. Inspect operation of the flashing crosswalk at Coast Highway at Orchid Avenue and notify City if any repairs or replacement of lights and audible push buttons are needed; 13. Inspect operation and check timing of Rectangular Rapid Flashing Beacon (RRFB) at the following locations: • Coast Highway at Orchid Avenue • Domingo Drive south of Mar Vista Drive • Eastbluff Drive between Alba Street and Vista Del Oro • Irvine Avenue at Margaret Drive • Via Lido at Via Oporto • Westcliff Drive at Buckingham Lane • Westcliff Drive at Rutland Road; and 14. Check and notify City of faded or vandalized signs on traffic signal pole or mast -arm. B. THREE MONTH MAINTENANCE 1. Check Battery Backup Systems (BBS) for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. Determine if the system is providing a "charge" to the batteries. Perform any available "self tests" or run any available diagnostic programs that are part of the Page 9 of '27 5-26 individual options available on a particular BBS. If a particular battery does not meet specifications, perform an individual load test on the suspect battery. The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of the required maintenance. Contractor shall maintain a master spreadsheet showing the installation date of all BBS batteries by location, battery manufacturer, and the warranty expiration date. Contractor shall notify City of non -operable or low -output batteries within twenty-four (24) hours. The replacement of batteries shall be considered Extra Work and will require approval by City. "Exploded" or cracked batteries shall be replaced immediately. Contractor may be deemed responsible for the cost of the replacement if it is determined that the batteries have not been properly inspected, maintained, or were damaged due to improper installation by the Contractor. 2. Cabinet door locks and pad locks shall be lubricated with graphite lubricant or equivalent, and maintained in working order. Any missing or damaged locks shall be reported to City in a timely manner. 3. Perform a night drive throughout within the City limits noting any malfunctioning equipment, including, but not limited to, photocells, internally illuminated street name sign (IISNS) lamps, vehicle indications, pedestrian indications, and safety lighting. The list of malfunctioning equipment shall be submitted to City within ten (10) working days from the completion of the night drive. The list shall be approved by City prior to repair/replacement of the equipment. A separate list of malfunctioning safety lights shall also be tracked and submitted to City. The night drive shall be scheduled with City prior to commencement. C. SIX MONTH MAINTENANCE 1. Flashing Beacons and Electronic Radar Speed Feedback Signs: Contractor shall perform maintenance inspection or repair of flashing beacons and electronic radar feedback signs as directed by City. Flashing Beacons • Balboa Boulevard at 38`h Street Page 10 of '27 5-27 • Eastbound Bayside Drive between El Paseo and Bayside Place • Southbound Cameo Shores Road north of Camden Drive • Northbound Irvine Avenue south of Dover Drive at Fire Station 6 • Northbound Irvine Avenue south of Mariners Drive • Southbound Irvine Avenue south of Dover Drive • Southbound Irvine Avenue south of Santa Isabel Avenue • Northbound Newport Coast Drive south of Pelican Hill Road South • Southbound Newport Coast Drive north of Provence • Eastbound Pelican Hill Road South west of Newport Coast Drive • Westbound San Joaquin Hills Road between Spyglass Hill Road and Marguerite Avenue Electronic Radar Speed Feedback Signs • Eastbound Bayside Drive west of Harbor Island Road • Westbound Bayside Drive west of Promontory Drive East • Westbound Coast Highway east of Cameo Highlands Drive Maintenance inspection shall be based on the following: • Clean cabinet inside and outside and remove any foreign material; • Check power supply voltage, solar equipment, and replace any batteries as necessary; • Check settings for on/off timing, flashing rate, flashing duration, and time of day; • Maintain all digital time clocks to National Bureau of standards time; • Observe each pole, head, traffic control sign, etc., and remove foreign material; • Special attention shall be given to update Holiday, Daylight Savings Time, and shut -down periods; and • Replace damaged or malfunctioning lamps, LED indications, detection bollards, and pressure pads meeting manufacturer's specifications with prior Page II of'27 5-28 City approval and billed as Extraordinary Maintenance. 2. Air Filters: Contractor shall replace the air filter elements, in all traffic signal and battery backup cabinets so equipped. All filter elements in all cabinets shall initially be replaced within four (4) months after the beginning of this Agreement. 3. Traffic Signal Controller Software: Contractor shall verify and update records of current software or firmware for the Econolite Cobalt and ASC/3 controllers. This includes the spare controllers that Contractor maintains for emergency replacement of failed controllers. All updates of controllers shall be confirmed and coordinated with City. D. ANNUAL MAINTENANCE (12 MONTHS) 1. Battery Backup System: The traffic signal battery backup system, where applicable, shall be checked by electrical bypass for appropriate operation per the manufacturer's specifications. Contractor shall coordinate with City for the schedule prior commencement of work. 2. Conflict Monitor / Malfunction Management Unit (MMU): Conflict Monitors shall be tested once at the beginning of each fiscal year using the ATSI PCMT 8000 or latest equivalent conflict monitor tester for each signalized intersection listed in Attachment A. Malfunction Management Unit (MMU) shall be tested once at the beginning of each fiscal year per the manufacture's specification. Tests shall be performed at night between the hours of 10:00 PM and 6:00 AM, Sunday night through Thursday morning, unless otherwise approved by the City. Contractor shall create a report for each test conducted. A replacement Conflict Monitor or MMU, of same make and model, shall be furnished by Contractor and installed into the cabinet to monitor the intersection while the test is being conducted. All test results shall be documented. If the Conflict Monitor or MMU fails testing, it shall be replaced with a spare tested unit and the intersection restored to normal operation. Any Conflict Monitor or MMU that does not pass the test shall be repaired or replaced and billed as Extraordinary Maintenance. 3. Video Detection Camera: The video detection camera lenses at the following intersections shall be cleaned per the manufacturer's specification. In addition, the camera's alignment shall be checked and adjusted to obtain the proper sight level. Page 12 oj'27 5-29 • Avocado Avenue at Civic Center Drive (four cameras); • Balboa Boulevard at 32"d Street (one camera); • Bison Ave at Bayswater (one camera); • Jamboree Road at Bristol Street North (two cameras); • Jamboree Road at Bristol Street South (three cameras); • Northbound Newport Boulevard at 28`h Street (one camera); • Southbound Newport Boulevard at 281h Street (one camera); • Newport Boulevard at Via Lido (one camera); • San Miguel Drive at Port Sutton / Yacht Coquette (four cameras); and • Superior Avenue at Ticonderoga Street (one camera). 4. Emergency Vehicle Pre-emption (EVP): Optical detector lenses shall be cleaned per the manufacturer's specification at all signalized intersection throughout the City's limit, including signals operated and maintained by CALTRANS. 5. CCTV Cameras: The CCTV camera housing and lens at the locations listed in Attachment B shall be cleaned per the manufacturer's specification. Future CCTV camera installations will be accounted for as detailed in Section I (d) of this scope of work. E. COMPENSATION FOR ROUTINE MAINTENANCE Contractor shall invoice City monthly for Routine Maintenance at the unit bid price per signalized intersection, which shall include labor, materials, equipment, overhead, and profit. City reserves the right to inspect Contractor's work and withhold monthly payments for work not performed per routine maintenance as outlined in this section. Page 13 of '27 5-30 SECTION III: EXTRAORDINARY MAINTENANCE Contractor shall provide maintenance beyond routine maintenance, as defined in Section III (EXTRAORDINARY MAINTENANCE). Work performed that is not identified in Section II (ROUTINE MAINTENANCE) shall be considered Extraordinary Maintenance as detailed within this section. A. DEFINITION Extraordinary Maintenance of the City's traffic signal equipment and systems will include but not be limited to: 1. Repair and/or replacement of a failed or malfunctioning signal system caused by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation; 2. Modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets, controller components, and traffic signal wiring and hardware; 3. Repair/Replacement of safety lighting at signalized intersections; 4. Repair/Replacement of internally illuminated street name signs lamps or LED strips; 5. Replacement of vehicle/pedestrian indications; 6. Replacement of batteries for battery backup systems; 7. Minor upgrading or installations as directed by City; 8. Repair/Replacement of loop detectors, DLCs, or conduit as required; 9. Repainting of signal equipment as directed by City; 10. Maintenance of warning devices (i.e. flashing beacons); 11. Maintenance of sign bridge lighting; 12. Installation of regulatory or warning signs on signal mast -arm, standard, or sign bridge; 13. Installation of vehicle, bicycle or pedestrian detection equipment; 14. Interconnect (Copper and Fiber Optic) installation, repair, terminations, and testing of same (excludes monthly testing); and Page 14 of'27 5-31 l 5. Replacement when equipment becomes obsolete or deteriorates beyond repair. B. NOTIFICATION Contractor shall contact City regarding any extraordinary maintenance work and seek approval before the work is scheduled. Contractor shall notify City by telephone at least four (4) hours in advance of any work is commenced, except in emergencies or when determined as a Public safety concern that requires prompt response. C. COMPENSATION FOR EXTRAORDINARY MAINTENANCE Contractor shall submit to City an itemized invoice within thirty (30) days of completion of the work for such repairs required beyond the scope of routine maintenance as follows: 1. Materials: City shall pay Contractor for materials used in Extraordinary Maintenance of traffic signals and appurtenances per intersection. City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. 2. Direct Labor: Invoice for Extraordinary Maintenance shall include a record of hours spent in Extraordinary Maintenance per intersection. City shall pay Contractor for such hours of Extraordinary Maintenance at the rates specified in this scope of work. Said hourly rates shall be the total cost to City. 3. Equipment: Compensation for equipment used in Extraordinary Maintenance shall be per hour basis as specified in this scope of work. Listing of per hour equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for the equipment, except as specified in this scope of work for the hourly rates listed. No additional compensation shall be paid for transporting the equipment to or from the job site. D. REPAIR AND REPLACEMENT Contractor shall replace or repair any and all defective parts of the signal system which cause signal failure or malfunctions, including but not limited to, the controller, detector Pcige 15 of *27 5-32 amplifiers, push buttons, relays, master controllers, interconnect, indications, flashers, detector loops, safety lights, illuminated street name sign panels and lamps, and wiring system. Contractor shall provide City an Equipment Tracking Log for equipment removed from the cabinet for repair. This log shall include, but not be limited to, information pertaining to time, date, original location, reason for removal, and description of equipment with serial number. This log shall be included in the activities report included with the monthly invoice as a line item status of all removed equipment. Contractor shall supply City complete record of all laboratory repairs to controllers, detectors, conflict monitor units, etc., showing all parts or components repaired or replaced including serial numbers and item description. The record shall be attached to the equipment when returned to the City. E. VEHICLE INDICATIONS AND LIGHTING Contractor shall furnish and replace all vehicle LED indications on an "as needed" basis for signals and warning flashers. All LED vehicle indications shall be certified by the Caltrans and ITE. City will accept Dialight, GE, or Leotek brand LED vehicle indications (or City approved equal). Contractor shall honor all existing low or nonfunctional LED for warranty replacement. Any lens obstructed by dirt or debris shall be cleaned immediately. Fluorescent IISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD. C78. All Inductive Lamps shall be replaced according to manufacture specifications. LED IISNS shall be National Signal Incorporated Edgelit (or approved equal). LED Driver and Light Engine shall be replaced according to manufacture specifications. IISNS panels shall be wiped clean of dirt and debris when the lamps are replaced. Safety lighting shall only be repaired as approved by City. Replacement of vehicle indications, IISNS and safety lighting components shall be compensated at the rate detailed in Exhibit B. F. LOOP DETECTOR REPLACEMENT Page 16 gf'27 5-33 Contractor shall clean and fill deteriorated loop detector saw cuts with Hot -Melt Rubberized Asphalt Sealant as necessary. Once it is determined by City and Contractor that the saw cut or DLC has deteriorated to a point that applying more Rubberized Asphalt Sealant is insufficient, the detector shall be replaced at the price stated in the contract. Traffic signal loop detectors shall be installed per Attachment D of this scope. Lead loop detector shall be Modified Type E for bicycle detection and shall be placed immediately behind the crosswalk. Exact location of loop detectors shall be approved by the City. Loop wire shall be Type 2 and the loop detector lead-in cable shall be Type B. All loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. Contractor shall notify City of malfunctioning loop detectors, loop detectors that require replacement and locations where the pavement surface has degraded to a point that loops cannot be reinstalled. G. PEDESTRIAN SIGNALS Contractor shall replace Walkman/Hand pedestrian signal modules as they become inoperative with Dialight, GE, or Leotek Type A LED (or approved equal) module with a plastic housing and stainless steel hardware with bronze terminal compartments. LED Count -down pedestrian indications shall be installed as replacements to existing count -down units. Replacement of pedestrian indication modules and/or assemblies shall be paid for at the unit price specified in the contract. Walk/Don't Walk pedestrian signal lamps as they become inoperative shall be updated to Type A LED module (Walkman/Hand) or approved equal. The pedestrian signal installation shall be replaced at the price detailed in Exhibit B. H. REFINISHING OF SIGNAL EQUIPMENT As directed by City, traffic signal equipment shall be repainted conforming to State standards. Utility and signal controller cabinets shall be painted with a white vinyl finish coat and pre-treatment vinyl wash primer. Traffic signal heads, assemblies, framework, and hardware shall be painted standard colors. Special notification shall be provided regarding rusting or water damage. Authorization for Contractor to proceed on the painting shall be subject to Page 17 of'27 5-34 authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed by Contractor within twenty-four (24) hours of the observation or report and will be paid for under the terms of Extraordinary Maintenance. I. TRAFFIC SIGNAL INTERCONNECT/COMMUNICATION SYSTEM Contractor shall provide trained technicians/personnel in the field who have training in operation and integration of the Econolite Centracs traffic signal central or equivalent and the related interconnect or communication system. Technicians assigned to the installation or repair of City's interconnect shall have training or be directly supervised by a technician with experience in the installation and handling of Fiber Optic cable, copper, VDSL and Ethernet equipment. If this work is subcontracted, this information shall be supplied and the subcontractor shall be subject to the approval of City. Costs for additional assistance for related interconnect shall be assumed per the unit price detailed in Exhibit B. J. UNDERGROUND SERVICE ALERT Contractor shall be the designated City representative in response to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, fiber optic and interconnect facilities, traffic loops, and other appurtenant equipment that might conflict with other right-of-way construction or repairs. In addition, Contractor shall also mark out the depth of any fiber optic facilities. Contractor shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices. All updates shall be transmitted to City in a format adequate for its records. In the event underground equipment is damaged by construction due to Contractor's failure to properly mark the underground facilities per the records or reasonable effort using the appropriate equipment as determined by City, costs for repairs shall be the sole responsibility of Contractor for facilities that were not properly marked. It shall also be Contractor's Page 18 of 27 5-35 responsibility to contact requesting party in the event the scope of work is vague or incomplete. Contractor shall mark out all traffic signal underground facilities within the time frames required by USA. If Contractor does not mark out all traffic signal underground facilities within the prescribed time periods, City may issue a written warning to the Contractor. After three written warnings, failure to respond within the prescribed time periods shall result in a penalty of $500.00 per occurrence, which shall be deducted from any monies due Contractor. Contractor response to all Underground Service Alert (USA) requests/notices relating to traffic signals and interconnect shall be billed per unit price detailed in Exhibit B. Page 19 of *27 5-36 ATTACHMENT A - SIGNALIZED INTERSECTION 1. Avocado Ave at Corona Del Mar Plaza 2. Avocado Ave at Civic Center Dr 3. Avocado Ave at San Miguel Dr 4. Balboa Blvd at Main St 5. Balboa Blvd at Palm St 6. Balboa Blvd at 15`h St 7. Balboa Blvd at 21 ` St 8. Balboa Blvd/Newport Blvd at 22°d/23`d St 9. Balboa Blvd at 32"d St 10. Balboa Blvd at River Ave 11. Bayside Dr at Pedestrian Crossing 12. Bayview PI at Bristol St South 13. Bayview PI at Bayview Cir 14. Birch St/Mesa Dr at Acacia St 15. Birch St at Orchard Dr 16. Birch St at Bristol St South 17. Birch St at Bristol St North 18. Birch St at Quail St 19. Birch St at Dove St 20. Birch St at Von Karman Ave 21. Bison Ave at Country Club Dr 22. Bison Ave at Camelback St 23. Bison Ave at Bayswater 24. Bonita Canyon Dr at Mesa View Dr 25. Bonita Canyon Dr at Prairie Rd 26. Bonita Canyon Dr at Chambord 27. Campus Dr at Bristol St North 28. Campus Dr at Quail St 29, Campus Dr at Dove St 30. Campus Dr at Airport Way 31. Coast Hwy at Jamboree Rd 32. Coast Hwy at Irvine Terrace/Clubhouse Dr 33. Coast Hwy at Newport Center Dr 34. Coast Hwy at Avocado Ave 35. Coast Hwy at MacArthur Blvd 36. Coast Hwy at Goldenrod Ave 37. Coast Hwy at Iris Ave 38. Coast Hwy at Marguerite Ave 39. Coast Hwy at Poppy Ave 40. Coast Hwy at Morning Canyon Rd 41. Coast Hwy at Cameo Shores/Highlands 42. Coast Hwy at Pelican Point Dr 43. Coast Hwy at Newport Coast Dr 44. Dover Dr at Cliff Dr 45. Dover Dr at 161h St/Castaways Ln 46. Dover Dr at Westcliff Dr 47. Ford Rd at Southern Hills Dr/Canyon Island 48. Irvine Ave at Westcliff Dr 49. Irvine Ave at Mariners School Ped Crossing 50. Irvine Ave at Dover Dr 51. Irvine Ave at Highland Dr 52. Irvine Ave at Santiago Dr 53. Irvine Ave at Santa Isabel Ave 54. Irvine Ave at University Dr 55. Irvine Ave at Mesa Dr 56. Irvine Ave at Orchard Dr Page 20 of 27 5-37 ATTACHMENT A - SIGNALIZED INTERSECTION 57. Irvine Ave at Bristol St South 58. Jamboree Rd at Bayside Dr 59. Jamboree Rd at Back Bay Dr 60. Jamboree Rd at Island Lagoon Dr/Hyatt 61. Jamboree Rd at Santa Barbara Dr 62. Jamboree Rd at San Joaquin Hills Rd 63. Jamboree Rd at Ford Rd 64. Jamboree Rd at Bison Ave 65. Jamboree Rd at University Ave 66. Jamboree Rd at Bayview Way 67. Jamboree Rd at Bristol St South 68. Jamboree Rd at Bristol St North 69. Jamboree Rd at MacArthur Blvd 70. MacArthur Blvd at San Miguel Dr 71. MacArthur Blvd at San Joaquin Hills Rd 72. MacArthur Blvd at Bonita Canyon Dr 73. MacArthur Blvd at Vilaggio 74. MacArthur Blvd at Bison Ave 75. MacArthur Blvd at Von Karman Ave 76. MacArthur Blvd at Birch St 77. Newport Blvd at 28`h St 78. Newport Blvd at 30d' St 79. Newport Blvd at 32nd St 80. Newport Blvd at Finley Ave 81. Newport Blvd at Via Lido 82. Newport Center Dr at Corporate Plaza 83. Newport Center Dr at Civic Center Dr 84. Newport Center Dr at Newport Center Dr East-West 85. Newport Center Dr East at Anacapa Dr 86. Newport Center Dr East at San Miguel Dr 87. Newport Center Dr East at Santa Rosa Dr 88. Newport Center Dr East at Center Dr 89. Newport Center Dr West at Santa Cruz Dr 90. Newport Center Dr West at Santa Barbara Dr 91. Newport Coast Dr at Pelican Hill Rd South 92. Newport Coast Dr at Provence 93. Newport Coast Dr at Pelican Hill Rd North 94. Newport Coast Dr at Vista Ridge Rd 95. Newport Coast Dr at Ridge Park Rd 96. Newport Coast Dr at San Joaquin Hills Rd 97. Newport Coast Dr at Gas Recovery 98. Newport Coast Dr at Sage Hill 99. Pelican Hill Rd South at Resort at Pelican Hill 100. Pelican Hill Rd South at Vila Clubhouse 101. Placentia Ave at Hospital Rd 102. Placentia Ave at 151h St 103. Ridge Park Rd at Fire Station 104. San Joaquin Hill Rd at Santa Cruz Dr 105. San Joaquin Hill Rd at Santa Rosa Dr 106. San Joaquin Hill Rd at San Miguel Dr 107. San Joaquin Hill Rd at Crown Dr 108. San Joaquin Hill Rd at Marguerite Ave 109. San Joaquin Hill Rd at Spyglass Hill Rd 110. San Joaquin Hill Rd at Newport Ridge West 111. San Joaquin Hill Rd at Newport Ridge East 112. San Miguel Dr at Pacific View Dr Pcige 21 of '27 5-38 113 114 115 116 117 ATTACHMENT A - SIGNALIZED INTERSECTION San Miguel Dr at Port Sutton Dr San Miguel Dr at Spyglass Hill Rd San Miguel Dr at Port Ramsey PI Santa Barbara Dr at San Clemente Dr Santa Cruz Dr at San Clemente Dr 118. Superior Ave at Ticonderoga St 119. Superior Ave at Hospital Rd 120. Superior Ave at Placentia Ave 121. Superior Ave at Hoag Health Center 122. University Dr at La Vida Page 22 vf'27 5-39 ATTACHMENT B - CCTV CAMERA LOCATION 1. Avocado Ave at Civic Center Dr 2. Balboa Blvd at Main St 3. Balboa Blvd at Palm St 4. Balboa Blvd at 15`h St 5. Balboa Blvd at 2 1 " St 6. Balboa Blvd at 23`d St 7. Balboa Blvd at 32"d St 8. Balboa Blvd at River Ave 9. Birch St at Bristol St North 10. Birch St at Bristol St South 11. Bonita Canyon Dr at Mesa View Dr 12. Bonita Canyon Dr at Prairie Rd 13. Bonita Canyon Dr at Chambord 14. Campus Dr at Bristol St North 15. Campus Dr at Dove St 16. Central Ave 17. Coast Hwy at Balboa Blvd/Superior Ave 18. Coast Hwy at Riverside Ave 19. Coast Hwy at Dover Dr 20. Coast Hwy at Jamboree Rd 21. Coast Hwy at Irvine Terrace/Clubhouse Dr 22. Coast Hwy at MacArthur Blvd 23. Coast Hwy at Goldenrod Ave 24. Coast Hwy at Marguerite Ave 25. Coast Hwy at Poppy Ave 26. Coast Hwy at Cameo Shores/Highlands 27. Coast Hwy at Newport Coast Dr 28. Dover Dr at Cliff Dr 29. Dover Dr at Westcliff Dr 30. Irvine Ave at Westcliff Dr 31. Irvine Ave at Dover Dr 32. Irvine Ave at Highland Dr 33. Irvine Ave at Santiago Dr 34. Irvine Ave at University Dr 35. Irvine Ave at Mesa Dr 36. Irvine Ave at Bristol St South 37. Jamboree Rd at Bayside Dr 38. Jamboree Rd at Back Bay Dr 39. Jamboree Rd at Santa Barbara Dr 40. Jamboree Rd at San Joaquin Hills Rd 41. Jamboree Rd at Ford Rd 42. Jamboree Rd at Bison Ave 43. Jamboree Rd at University Ave 44. Jamboree Rd at Bristol St South 45. Jamboree Rd at MacArthur Blvd 46. MacArthur Blvd at San Miguel Dr 47. MacArthur Blvd at San Joaquin Hills Rd 48. MacArthur Blvd at Bonita Canyon Dr 49. MacArthur Blvd at Bison Ave 50. MacArthur Blvd at Von Karman Ave 51. MacArthur Blvd at Birch St 52. Northbound Newport Blvd at 281h St 53. Souhbound Newport Blvd at 281h St 54. Newport Blvd at 301h St 55. Newport Blvd at 32nd St 56. Newport Blvd at Via Lido Page 23 of 27 5-40 ATTACHMENT B — CCTV CAMERA LOCATION 57. Newport Center Dr at Civic Center Dr 66. Newport Coast Dr at San Joaquin Hills Rd 58. Newport Center Dr at Newport Center Dr 67. Newport Coast Dr at Sage Hill East-West 59. Newport Center Dr at San Miguel Dr 68. Placentia Ave at Hospital Rd 60. Newport Center Dr at Santa Barbara Dr 69. San Joaquin Hills Rd at Marguerite Ave 61. Newport Coast Dr at Pelican Hill Rd South 70. San Joaquin Hills Rd at San Miguel Dr 62. Newport Coast Dr at Provence 71. San Miguel Dr at Pacific View Dr 63. Newport Coast Dr at Pelican Hill Rd North 72. San Miguel Dr at Spyglass Hill Rd 64. Newport Coast Dr at Vista Ridge Rd 73. Superior Ave at Placentia Ave 65. Newport Coast Dr at Ridge Park Rd 74. University Dr at La Vida Page 24 of'27 5-41 a 1" GOLD BORDER rALUMINUM WHITE INTERSTATE BLUE J HOUSING LETTERING BACKGROUND o j 0 am or ee- m —n - rn , ---- - H p z -Q � v 3" STANDARD > SAIL LOGO (1.5" MIN.) D � � � m A x ZM �M M 9 �M za��o >A M U1�rn F-i F.F z 2! NOTES g 0 Z n O BACKGROUND COLOR TO BE INTERSTATE BLUE (MATCH PANTONE 300 C). LETTERING TO HE WHITE, HWY D FONT, AND TO BE CENTERED VERTICALLY. OPTIONALLY, HWY C FONT n 0 C MAY BE USED TO ACCOMMODATE LONGER STREET NAMES. zSTANDARD LETTERING SIZE TO BE 9" UPPER CASEj6.75" LOWER CASE. A CITY SAIL LOGO TO BE I I" TALL AND 8.75" WIDE. CITY SAIL LOGO TO BE SPACED 3" HORIZONTALLY (STANDARD) FROM THE EDGE OF THE GOLD z 70 3\ BORDER, OPTIONALLY REDUCED TO 1.5" MINIMUM TO ACCOMMODATE LONGER STREET NAMES. L CITY SAIL LOGO TO BE GOLD COLORED (RGB EQUIVALENT IS 193,161,31). A 1" GOLD BORDER (RGB EQUIVALENT IS 193,161,31) SHALL BE VISIBLE WHEN INSTALLED IN THE ALUMINUM § �'o HOUSING. SIGN PANEL SHALL BE MANUFACTURED PER THE SIGN ASSEMBLY MANUFACTURER'S SPECIFICATIONS, ` D o 5-42 ATTACHMENT D - LOOP DETECTORS LIMIT LINE OR CROSSWALK PER PLAN /l- / LEGEND: ° 1-oX DETECTOR INPUT FOR THROUGH 0 0 PHASES T71-�Y DETECTOR INPUT FOR LEFT TURN PHASES ICI OXB BICYCLE LOOP DETECTOR INPUT OO O I I O CALTRANS TYPE E LOOP DETECTOR 3-0X LEFT TURN MODIFIED CALTRANS TYPE E LOOP O I LANE DETECTOR (LEAD LOOPS) I THROUGH CALTRANS TYPE D LOOP DETECTOR LANES (3'x6') BIKE LANE 0 I� 1-0Y I II EDGE OF GUTTER CURB FACE 001° 1-OX 12-OX NOTES: 1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS SHALL BE 3'x6'. 2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK. 3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC). 4. SEE CITY STD-923-L-B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL. 5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B. 6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES -SA AND ES-5B. 7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT. �Em APp_ aEw� - , Tl EKi MER DAl`e D:R Cf p,:31.'.'ACkKS ' AIE A[XVfEC CITY OF NEMPORT BEACH DEPARTMF.,Nf OF PUBLIC WORKS !„ID.wDDE�.I_ 1!O LOOP DETECTORS 923-L-A USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION S"=:d2 Page 26 of 27 5-43 ATTACHMENT D — LOOP DETECTORS _+ Start TWISTED CLOCKWISE INTO A PAIR Finish I i (AT LEAST 2 TURNS PER FOOT) WINDING DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) LL 0 z W O w 1- i j SAWCUT DETAIL MODIFIED TYPE E LOOP DETECTOR I (NOT TO SCALE) PEC[1 6:P EVI:t:U FCAP'E'1 C EYGME- :3E 7a fr U&:CYI.%iK5 :JFiE CITY OF NEWPORT BEACH DEPARTMENT OF PUB11C WORKS LOOP DETECTORS j 923-L-6 xxM,2&_----------- CSEWITH STANDARDSPECIFICATIONSFOR PUBLIC WORKS CO"STRUCTION Page 27 of 27 4 4L EXHIBIT B SCHEDULE OF BILLING RATES Yunex LLC Page B-1 5-45 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS 1. Routine Maintenance (see Section II): a. Each Signalized Intersection for Monthly Tasks $ 65.00 Each b. Each Pedestrian Signal, Flashing Crosswalk, and RRFB for Monthly Tasks $ 40.00 Each C. Each Signalized Intersection for Three -Month Tasks $ 5.00 Each d. Each Intersection for Six -Month Tasks i. Each Flashing Beacon (per intersection) $ 36,50 Each ii. Each Electronic Radar Speed Feedback Sign (per intersection) $ 42.50 Each iii. Each Signalized Intersection (per intersection) $ 6.00 Each e. Each Signalized Intersection for Twelve -Month Tasks i. Each Battery Backup System Test (per intersection) $ 15.00 Each ii. Each Conflict Monitor/MMU Test (per intersection) $ 62.00 Each iii. Video Detection Camera Cleaning (per intersection) $ 98,50 Each iv. EVP Optical Detector Lens Cleaning (per intersection) $ 105.00 Each v. CCTV Camera Cleaning (per intersection) $ 73.00 Each 2. Extraordinary Maintenance (see Section III): a. Replacement of Luminaire Safety Light Lamp (per unit) $ 105.00 Each b. Replacement of Luminaire Safety Light Ballast/Driver (per unit) $ 163.00 Each C. Replacement of Internally Illuminated Street Name Sign Florescent Lamps (per unit) $ 104.00 Each d. Replacement of Internally Illuminated Street Name Sign Florescent Ballast/Driver (per unit) $ 145.00 Each e. Replacement of Edge -Lit LED Internally Illuminated Street Name Assembly (per unit) Edge -Lit (6-ft) $ 2,775.00 Each Edge -Lit (8-ft) $ 3,405.00 Each 5-46 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS f. Replacement of Internally Illuminated Street Name Sign Panel (Custom Panel See Exhibit C) (per unit) Type A (6-ft) $ 420.00 Each Type A (8-ft) $ 467.00 Each Edge -Lit (6-ft) $ 420.00 Each Edge -Lit (8-ft) $ 467.00 Each a Furnish and Install Vehicle Indication 12" Green Ball $ 105.00 Per Unit 12" Yellow Ball $ 105.00 Per Unit 12" Red Ball $ 105.00 Per Unit 12" Green Arrow $ 105.00 Per Unit 12" Yellow Arrow $ 105.00 Per Unit 12" Red Arrow $ 105.00 Per Unit Programmable Visibility Indication $ 175.00 Per Unit h. Replacement of Signal Head 3-section 12" vehicle head assembly with LED $ 820.00 Per Unit 4-section 12" vehicle head assembly with LED $ 1,030.00 Per Unit 5-section 12" vehicle head assembly with LED $ 1,200.00 Per Unit 5-section (Doghouse) 12" vehicle head assembly with LED $ 1,500.00 Per Unit Backplate for a 3-section vehicle head $ 130.00 Per Unit Backplate for a 4-section vehicle head $ 180.00 Per Unit Backplate for a 5-section vehicle head $ 220.00 Per Unit Backplate for a 5-section (Doghouse) vehicle head $ 330.00 Per Unit Yellow Reflective Backplate for a 3-section vehicle head $ 220.00 Per Unit Yellow Reflective Backplate for a 4-section vehicle head $ 260.00 Per Unit Yellow Reflective Backplate for a 5-section vehicle head $ 310.00 Per Unit 5-47 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS Yellow Reflective Backplate for a 5-section (Doghouse vehicle head $ 405.00 Per Unit Louver backplate for a 3-section vehicle head $ 135.00 Per Unit Louver backplate for a 4-section vehicle head $ 185-00 Per Unit Louver backplate for a 5-section vehicle head $ 225.00 Per Unit Louver backplate for a 5-section (Doghouse) vehicle head $ 335.00 Per Unit i. Replacement of standard Type "D" bicycle detector loop, Including saw cut, lead-in cable splicing and epoxy emulsion $ 515.00 Per Unit j. Replacement of standard Type "E" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion (4 or Less) $ 515.00 Per Unit (more than 4) "J, 475.00 Per Unit k. Replacement of standard Type "E Modified" detector loops, including saw cut, lead-in cable splicing and epoxy emulsion (4 or Less) (more than 4) 1. Furnish and Install Pull Box Lid No. 3 Concrete Lid No. 5 Concrete Lid No. 6 Concrete Lid No. 3 Christy Fiberlyte Lid No. 5 Christy Fiberlyte Lid No. 6 Christy Fiberlyte Lid $ 535.00 Per Unit $ 500.00 Per Unit $ 75.00 Per Unit $ 100.00 Per Unit $ 125.00 Per Unit $ 105.00 Per Unit $ 210.00 Per Unit $ 300.00 Per Unit 5-48 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS m. Furnish and Install Pedestrian Indication Walkman/Hand Pedestrian Type A LED Module $192.00 Per Unit Count -Down Walkman/Hand Pedestrian LED Module $188.00 Per Unit n. Furnish and Install Pedestrian / Bicycle Push Buttons and Signs ADA Approved Pedestrian Push Button Cap and Switch $130.00 Per Unit Pedestrian Push Button Sign (5"x7") $ 45.00 Per Unit Pedestrian Push Button Sign (9"x12") $ 67.00 Per Unit Bicycle Push Button Sign (5"0" Green Background with White Lettering) S 50.00 Per Unit o. Replacement of Pedestrian / Bicycle Push Button Assemblies Pedestrian Push Button Top Mount Assembly with ADA Approved Button Complete with 5"0" Sign $ 200.00 Per Unit Pedestrian Push Button Assembly with ADA Approved Button Complete with 9"xl2" Sign Bicycle Bush Button Assembly with ADA Approved Button Complete with 5"0" Sign $ 275.00 Per Unit $ 200.00 Per Unit p. Refinish {paint per Section III) Push Button Assemblies, Pedestrian Heads and Signal Heads, including Frameworks per Signalized Intersection, excluding Controller and Electric Service Cabinets. Pedestrian Head $ 100.00 Per Unit 3-Section Signal Head $ 150.00 Per Unit 4-Section Signal Head $ 200.00 Per Unit 5-Section Signal Head $ 260.00 Per Unit Bicycle/Pedestrian Push Button Assembly $ 85.00 Per Unit 5-49 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS q. Refinish (paint per Section III) of Traffic Signal Controller Cabinet or Utility Cabinet Signal Controller Cabinet $ 800.00 Per Unit Type 2 Utility Cabinet $ 240.00 Per Unit Type 3 Utility Cabinet $ 375.00 Per Unit r. Furnish and Install MK Powered 79AH BBS Battery $ 235.00 Per Unit S. Response to USA Callout 1 Marking of Facilities $ 210.00 Per Unit t. Furnish Corning Altos 48-strand SMFO Fiber Optic Cable $ 0.85 Per Linear Foot U. Labor: Regular Time Overtime Premium Time Per Hour Per Hour Per Hour Engineering Technician $122.00 $ 154.00 $ 185.00 Traffic Signal Maintenance Superintendent $ 90.00 $ 90.00 $ 90.00 Transportation Systems Technician $ 102.00 $ 123.00 $ 145.00 Transportation Systems Electrician $116.00 $ 145.00 $ 173.00 Traffic Signal Laborer $100.00 $ 142.00 $ 142.00 Traffic Signal Painter $ 100.00 $ 142.00 $142.00 Interconnect 1 Communications Specialist - Ethernet $ 116.00 $ 145.00 $ 173.00 Fiber Optic Specialist $116.00 $ 145.00 $ 173.00 Regular, Overtime, and Premium time explanation: - Regular Hours are: Monday - Friday (excluding holidays) from 7:30am to 5:00pm. - Overtime Hours are: Monday - Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours- - Premium Hours are: Monday - Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am. 5-50 CONTRACT UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE ITEMS Vehicle / Equipment: Rate Per Hour Pick -Up Truck $ 5.00 Service Truck $ 30.00 Service Bucket Truck $ 30.00 Service Boom Truck $ 30.00 Water Truck $ 25.00 Concrete Saw and Truck $ 30.00 Air Compressor with Tools $1.00 Crane $ 65.00 5-51 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Yunex LLC Page C-1 5-52 0 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than one million dollars ($1,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. Yunex LLC Page C-2 5-53 C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, Yunex LLC Page C-3 5-54 subcontractors shall provide coverage with a format at least as broad as CG 20380413. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Yunex LLC Page C-4 5-55 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Yunex, LLC hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Thousand Dollars ($500,000.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Yunex LLC Page D-1 5-56 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Yunex LLC Page D-2 5-57 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Yunex LLC Page D-3 5-58 :*::II--]Ii:� CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ , being at the thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to Yunex, LLC hereinafter designated as the "Principal," an agreement for Traffic Signal Maintenance Services , in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Thousand Dollars ($500,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Yunex LLC Page E-1 5-59 notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: in Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Yunex LLC Page E-2 5-60 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Yunex LLC Page E-3 5-61